Case: IT-96-21-A-bis

IN THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr Hans Holthuis

Order of: 24 December 2001

PROSECUTOR

v

Zdravko MUCIC (aka "PAVO"), Hazim DELIC
and Esad LANDZO (aka "ZENGA")

 ______________________________________________

ORDER ON MOTION BY ZDRAVKO MUCIC FOR EXTENSION OF TIME TO FILE APPELLANTíS BRIEF

______________________________________________ 

 

Counsel for the Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Tom Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landzo

 

THE APPEALS CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991;

NOTING the Judgment issued by the Trial Chamber on 16 November 1998, which convicted Zdravko Mucic ("Mucic") of a number of crimes and which sentenced him to imprisonment for seven years;

NOTING the Judgment issued by the Appeals Chamber on 20 February 2001, which confirmed certain of the convictions imposed upon Mucic, which upheld the Prosecution Appeal against the inadequacy of his sentence and which remanded him to a Trial Chamber for re-sentencing;

NOTING the Judgment of 9 October 2001 issued by Trial Chamber III, which sentenced Mucic to imprisonment for nine years in lieu of the original sentence of seven years;

NOTING "Zdravko Mucicís Notice of Appeal", filed on 15 October 2001;

NOTING "Zdravko Mucicís Motion for Extension of Time to File his Appellate Brief", filed on 13 December 2001;

NOTING Rule 111 of the Rules of Procedure and Evidence ("Rules"), which provides that the Appellantís brief of argument setting out the grounds of appeal and authorities shall be filed ninety days of the notice of appeal;

CONSIDERING that, pursuant to Rule 111, Mucicís Appellantís Brief should be filed no latter than 14 January 2002;

CONSIDERING that counsel were scheduled to meet Mucic during the week of 17 December 2001 to discuss issues relating to the appeal;

CONSIDERING that the other co-accused were granted minor extensions of time to file their briefs;

CONSIDERING that the length of the extension of time sought by Mucic is only one day and that it brings the filing time for all three appellants into line;

CONSIDERING that the grant of the extension of time sought by the Appellant will not delay the proceedings;

CONSIDERING that the Prosecution did not object to the request1;

STRESSING, however, that, unless the extension is very modest as in the present case, more substantial reasons than those given must be shown by the moving party before such a request is granted;

PURSUANT TO Rule 127 of the Rules of Procedure and Evidence,

HEREBY ORDERS AS FOLLOWS:

  1. The time limit for the filing of Zdravko Mucicís Appellantís brief shall be varied from 14 January 2002 to 15 January 2002.

 

Done in English and French, the English version being authoritative.

Done this 24th day of December 2001,
At The Hague,
The Netherlands.

______________________
Judge David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]


1 - Prosecutor's Response to "Hazim Delic's First Motion for Extension of Time to File His Appellate Brief Following Remand for Re-Sentencing" and "Esad Landěo's Amended Motion for Extension of Time to File His Appellate Brief Following Remand for Re-Sentencing" and Prosecution's Request to File Consolidated Response Brief, 13 December 2001, pars 8 and 13.